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 Posted: Thu Apr 24, 2008 8:16 am |
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Can someone please help me? I turned a car that was a gmac "SMART BUY" or in otherwords a "LEASE". I turned this car in around 2004 or 2005 and all payments were paid in full. After some time goes by i get a letter stating that i owe $2500 in extra mileage and also wear and tear. Well now it is been about 4 years and now a CA is calling me and also harassing my mother saying i owe $2500. What should i do? Should i send them a cease and discist letter? I have asked them question about my loan and they can not answer certain questions, they have referred me back to GMAC. I would just like to stop these phone calls and possibly to get rid of this debt..thanks for your help
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milkman0923
Joined: 24 Apr 2008
Posts: 4
Debtcc Points: 82
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| Posted: Thu Apr 24, 2008 8:38 am |
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Send them a debt validation letter and a cease and desist! Tell them that you are persuing legal action against them for violation of the FDCPA for calling a third party more than once.
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frogpatch
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| Posted: Thu Apr 24, 2008 8:45 am |
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ok great, i will try that. i found the validation letter, where can i find the cease and desist? i will look for it. I checked my credit report and it was last report on 7/2004. if it was hurting my credit wouldnt they still be reporting? it says my account was paid in full, but says 2300 was charged off but that was in 2004. is this CA trying to collect money that has already been written off by the original creditor? can they do that? i have bought a house, refied, and bought another car since then and didnt have any problems with my score..if you need some more info from me, just let me know. thanks again
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milkman0923
Joined: 24 Apr 2008
Posts: 4
Debtcc Points: 82
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| Posted: Thu Apr 24, 2008 9:04 am |
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Did your mother cosign the lease?
A charge off is not a write off.
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FYI
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Joined: 18 May 2006
Posts: 1725
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| Posted: Thu Apr 24, 2008 10:56 am |
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yes both of us were on the loan. So whats the diff between a charge off and a write off? its also say last reported on 7/04? Its not the fact that i dont want them to call my mom, but whenver they call they are rude and threaten to sue which automatically freaks her out. this is the 1st call she has had and we turned in the car in 2004. she thinks there lining up to take her to jail or something. LOL. I just wana know what i should do, b/c GMAC has not contacted me since 2004 or 2005 but now someone keeps selling this debt and other collectors get it. Do i still need to pay it if it was chargeoff, like i said it was for milage and wear and tear so they say, but the CA says they dont know what the fees are for exactly..Sounds like there trying to collect dead debt..here is how its listed on my report..the thing thats weird is its still under GMAC and not the CA thats been calling me..
Balance: $2,227 Date Updated: 05/2007 Past Due: $0 Terms: $0 for 48 months Pay Status: >Charged Off as Bad Debt<Account>Profit and loss writeoff
Date Opened: 05/2000 Date Closed: 07/2004
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milkman0923
Joined: 24 Apr 2008
Posts: 4
Debtcc Points: 82
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| Posted: Thu Apr 24, 2008 12:49 pm |
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I would contact GMAC and ask them because it looks like they charged it off and later wrote it off. Definatly send a validation letter to the collection agency.
Not all collection agencies report to the CBR agencies.
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FYI
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Posts: 1725
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| Posted: Thu Apr 24, 2008 1:22 pm |
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if i contact them will they now say i owe them? im willing to set a payment plan up but can not pay a lump sum. what is the difference between a charge off / right off? gonna be sending out the validation letter soon. is it ok to fax that letter or should i mail it so i have conformation?
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milkman0923
Joined: 24 Apr 2008
Posts: 4
Debtcc Points: 82
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| Posted: Thu Apr 24, 2008 4:43 pm |
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A charge off is a bad debt. A write off is a forgiven debt but it reflects as badly as a charge off on your CBR.
If you owe them they will say you owe. If you don't owe them then you don't.
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FYI
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Posts: 1725
Debtcc Points: 16372
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FYI
Moderator
Joined: 18 May 2006
Posts: 1725
Debtcc Points: 16372
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